Sneh Prashar, J. - (1.) Appellant Babu Lal was held guilty and was convicted for the commission of offence under Sec. 302 of the Indian Penal Code (for short, "I.P.C.") and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one year vide judgment of conviction dated 25.05.2010 and order on quantum of sentence dated 27.05.2010. It was ordered that the period of detention already undergone by the convict during investigation, enquiry or trial shall be set off.
(2.) The story presented by the prosecution as garnered from the record, is recapitulated hereunder: - On 15.02.2009, Sub Inspector Rohtash Singh accompanied by his official companions and by means of government vehicle bearing registration No. HR -35D -8383, of which Constable Roshan Lal was the driver, had come to bus stand Dharu -Hera in connection with patrol duty when Madan Lal son of Parbhati Lal, resident of Leelu Ka Bas, Police Station Shahpura, District Jaipur (Rajasthan) came to him and lodged a report. He stated that his youngest brother Nanu Ram was employed as driver on Trolla No. RJ -14GB -6492 owned by Raj Kumar son of Ram Sahai, resident of Shahpura. Babu Lal son of Shankar Lal resident of Rampura, his nephew, was the second driver on the Trolla. On 12.02.2009, Babu Lal and Nanu Ram alongwith the Trolla had gone from Shahpura to Naraina (Delhi) for unloading the goods i.e. iron plates which they had brought from Bhav Nagar, Gujarat. On 14.02.2009, he (Madan Lal) received a telephone call from his brother Nanu Ram from Delhi that he would be coming back alongwith the vehicle in the morning. When Nanu Ram did not return till 3:00 p.m., he gave a telephonic call to Raj Kumar, owner of the Trolla, who asked him to come to his office at Shahpura as some mis -happening had taken place with the Trolla near Dharu Hera and Nanu Ram had died.
(3.) The complaint mentioned that on receipt of information, he alongwith his brother Babu Lal and Sarpanch Sunder Lal came to the place near village Kapriwas and saw the Trolla parked on the service road and found that the dead body of Nanu Ram smeared in blood was lying in the cabin of the Trolla. He suspected that Babu Lal, the second driver on the Trolla, had murdered his brother.;